Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Special Contracting Methods, Major System Acquisition, and Service Contracting (DFARS Case 2014-D004), 30535-30538 [2014-12134]
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules
§ 68b.11 Under what circumstances can
the service or payment obligation be
canceled, waived, or suspended?
(a) Any obligation of a participant for
service or payment to the federal
government under this part will be
canceled upon the death of the
participant.
(b) The Director may waive or
suspend any service or payment
obligation incurred by the participant
upon request whenever compliance by
the participant:
(1) Is impossible, or
(2)(i) Would involve extreme
hardship, and
(ii) If enforcement of the service or
payment obligation would be
unconscionable, as required by section
487 D(e) of the Act, 42 U.S.C. 288–4(e).
(c) The Director may approve a
request for a suspension of the service
or payment obligations for a period of
one year. A renewal of this suspension
may also be granted.
(d) Compliance by a participant with
a service or payment obligation will be
considered impossible if the Director
determines, on the basis of information
and documentation as may be required,
that the participant suffers from a
physical or mental disability resulting
in the permanent inability of the
participant to perform the service or
other activities that would be necessary
to comply with the obligation.
(e) In determining whether to waive
or suspend any or all of the service or
payment obligations of a participant as
imposing an undue hardship and being
against equity and good conscience, the
Director, on the basis of information and
documentation as may be required, will
consider:
(1) the participant’s present financial
resources and obligations;
(2) the participant’s estimated future
financial resources and obligations; and
(3) the extent to which the participant
has problems of a personal nature, such
as physical or mental disability or
terminal illness in the immediate
family, which so intrude on the
participant’s present and future ability
to perform as to raise a presumption that
the individual will be unable to begin or
complete the obligation incurred.
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§ 68b.12 What other regulations and
statutes apply?
Several other regulations and statutes
apply to this part. These include, but are
not necessarily limited to:
(a) Debt Collection Act of 1982 (31
U.S.C. 3701 et seq.);
(b) Debt Collection Improvement Act
of 1996 (31 U.S.C. 3701 note);
(c) Fair Credit Reporting Act (15
U.S.C. 1681 et seq.);
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(d) Federal Debt Collection
Procedures Act of 1990 (28 U.S.C. 176);
and
(e) Privacy Act of 1974 (5 U.S.C 552a).
Dated: April 15, 2014.
Francis S. Collins,
Director, National Institutes of Health.
Approved:
Kathleen Sebelius,
Secretary.
[FR Doc. 2014–12180 Filed 5–27–14; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 217, 234, 237, and 252
RIN 0750–AI27
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Special Contracting
Methods, Major System Acquisition,
and Service Contracting (DFARS Case
2014–D004)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
revise and update clauses and their
prescriptions for special contracting
methods, major system acquisition, and
service contracting to create basic and
alternate clauses structured in a manner
to facilitate use of automated contract
writing systems. The rule also includes
the full text of each alternate, rather
than only showing the paragraphs that
differ from the basic clause.
DATES: Comment Date: Comments on
the proposed rule should be submitted
in writing to the address shown below
on or before July 28, 2014, to be
considered in the formation of a final
rule.
SUMMARY:
Submit comments
identified by DFARS Case 2014–D004,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2014–D004’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2014–
D004.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
ADDRESSES:
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30535
name (if any), and ‘‘DFARS Case 2014–
D004’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2014–D004 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Janetta
Brewer, OUSD(AT&L)DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://
www.regulations.gov, approximately
two to three days after submission to
verify posting (except allow 30 days for
posting of comments submitted by
mail).
FOR FURTHER INFORMATION CONTACT:
Ms.
Janetta Brewer, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP/DARS, Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6104.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is undertaking a revision of
provisions and clauses with alternates
and the associated prescriptions, in
order to clarify usage and facilitate the
use of automated contract writing
systems. These proposed changes do not
affect the meaning or applicability of the
provisions or clauses.
II. Discussion
This proposed rule addresses DFARS
parts 217, 234, and 237 clauses that
have alternates. The affected clauses
are—
• 252.217–7000, Exercise of Option to
Fulfill Foreign Military Sales
Commitments, with one alternate;
• 252.234–7003 Notice of Cost and
Software Data Reporting System, with
one alternate;
• 252.234–7004 Cost and Software
Data Reporting System, with one
alternate;
• 252.237–7002 Award to Single
Offeror, with one alternate; and
• 252.237–7016 Delivery Tickets,
with two alternates.
The naming convention results in
proposed new clause titles, e.g.,
Exercise of Option to Fulfill Foreign
Military Sales Commitments—Basic,
and Exercise of Option to Fulfill Foreign
Military Sales Commitments—Alternate
I.
An umbrella prescription is proposed
to be added for the elements common to
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules
the basic clause and alternate. The
specific prescription for the basic clause
and alternate would then address only
the requirements for their use that
enable the selection of the basic or the
alternate. The planned changes will
increase the clarity and ease of use but
will not revise the applicability of the
clause or provision in any way. The
presentation of the text of alternates
would no longer consist solely of
paragraphs that are different from the
basic clause, but would instead include
the entire full text of the alternate
clause. Further, this proposed rule
would also revise the applicable clause
preface, i.e., the language in part 252
that precedes a provision, clause, or
alternate. The clause preface language is
being tailored to identify the specific
clause prescription reference for each
basic and alternate clause and to
delineate how the basic and alternate
clauses differ.
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III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because it merely revises the
prescriptions for solicitation provisions
and clauses with alternates, and
includes the full text of each provision
or clause for each alternate. However, an
initial regulatory flexibility analysis has
been performed and is summarized as
follows:
The purpose of this case is to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
create unique prescriptions for the basic
version and each alternate of DFARS
parts 217, 234, and 237 solicitations
provisions and clauses, and to include
the full text of each clause alternate.
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The use of automated contract writing
systems will be facilitated by having
unique prescriptions for the basic
version and each alternate of DFARS
solicitations provisions and clauses. The
current convention requires the
prescription for the basic provision or
clause to address all the possibilities
covered by the alternates, and then the
prescription for each alternate addresses
only what is different for the use of that
particular alternate. This rule will revise
the prescriptions so that the basic
solicitation provision or clause and each
alternate is unique and stands on its
own. The prescriptions will not be
revised in any way to change when they
are applicable to offerors, contractors, or
subcontractors.
Additionally, the inclusion of the full
text of each provision or clause alternate
aims to make the terms of a provision
or clause alternate clearer to offerors, as
well as to DoD contracting officers.
Instead of the current convention for
alternates to show only paragraphs
changed from the basic version of the
provision or clause, this rule proposes
to include the full text of each version
of the clause. This will assist in making
the terms of the clause clearer, because
all paragraph substitutions will have
already been made. Inapplicable
paragraphs from the basic version of the
clause that are superseded by the
alternate are not included in the
solicitation or contract to prevent
confusion.
Potential offerors, including small
businesses, may be affected by this rule
by seeing an unfamiliar format for
clause alternates in solicitations and
contracts issued by DoD contracting
activities. According to the Federal
Procurement Data System, in fiscal year
2012, DoD made approximately 270,000
contract awards (not including
modification and orders) that exceeded
the micro-purchase threshold, of which
approximately 180,000 (67%) were
awarded to small businesses. It is
unknown how many of these contracts
were awarded that included an alternate
to a DFARS provision or clause. Nothing
substantive will change in solicitations
or contracts for potential offerors, and
only the appearance of how clause
alternates are presented in the
solicitations and contracts will be
changed. This rule may result in
potential offerors, including small
businesses, expending more time to
become familiar with and to understand
the new format of the clause alternates
in full text contained in contracts issued
by any DoD contracting activity. The
rule also anticipates saving contractors
time by making all paragraph
substitutions from the basic version of
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the clause, and not requiring the
contractors to read inapplicable
paragraphs contained in the basic
version of the clause where alternates
are also included in the solicitations
and contracts. The overall burden
caused by this rule is expected to be
negligible and will not be any greater on
small businesses than it is on large
businesses.
This rule does not add any new
information collection requirements.
The rule does not duplicate, overlap, or
conflict with any other Federal rules. No
alternatives were identified that will
accomplish the objectives of the rule.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2014–D004), in
correspondence.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 217,
234, 237, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 217, 234, 237,
and 252 are proposed to be amended as
follows:
■ 1. The authority citation for parts 217,
234, 237, and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 217—SPECIAL CONTRACTING
METHODS
2. In section 217.208–70, revise
paragraph (a) to read as follows:
■
217.208–70
Additional clauses.
(a) Use the basic or the alternate of the
clause at 252.217–7000, Exercise of
Option to Fulfill Foreign Military Sales
Commitments, in solicitations and
contracts when an option may be used
for Foreign Military Sales requirements.
Do not use the basic or the alternate of
this clause in contracts for
establishment or replenishment of DoD
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inventories or stocks, or acquisitions
made under DoD cooperative logistics
support arrangements.
(1) Use the basic clause when the
Foreign Military Sales country is known
at the time of solicitation or award.
(2) Use the alternate I clause when the
foreign military sale country is not
known at the time of solicitation or
award.
*
*
*
*
*
(1) Use the basic provision in all
sealed bid solicitations for mortuary
services.
(2) Use the alternate I provision in all
negotiated solicitations for mortuary
services.
*
*
*
*
*
■ 5. In section 237.7101, revise
paragraph (e) to read as follows:
PART 234—MAJOR SYSTEM
ACQUISITION
*
3. Revise section 234.7101 to read as
follows:
■
234.7101 Solicitation provision and
contract clause.
(a) Use the basic or the alternate of the
provision at 252.234–7003, Notice of
Cost and Software Data Reporting
System, in any solicitation that includes
the basic or the alternate of the clause
at 252.234–7004, Cost and Software
Data Reporting.
(1) Use the basic provision when the
solicitation includes the clause at
252.234–7004, Cost and Software Data
Reporting—Basic.
(2) Use the alternate I provision when
the solicitation includes the clause at
252.234–7004, Cost and Software Data
Reporting—Alternate I.
(b) Use the basic or the alternate of the
clause at 252.234–7004, Cost and
Software Data Reporting System, in
solicitations that include major defense
acquisition programs or major
automated information system programs
as follows:
(1) Use the basic clause in
solicitations and contracts for major
defense acquisition programs or major
automated information system programs
that exceed $50 million.
(2) Use the alternate I clause in
solicitations and contracts for major
defense acquisition programs or major
automated information system programs
with a value equal to or greater than $20
million but less than or equal to $50
million, when so directed by the
program manager with the approval of
the OSD Deputy Director, Cost
Assessment.
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PART 237—SERVICE CONTRACTING
4. In section 237.7003, revise
paragraph (a) to read as follows:
■
237.7003 Solicitation provisions and
contract clauses.
(a) Use the basic or the alternate of the
provision at 252.237–7002, Award to
Single Offeror, in solicitations and
contracts for mortuary services.
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237.7101 Solicitation provisions and
contract clauses.
*
*
*
*
(e) Use the basic or an alternate of the
clause at 252.237–7016, Delivery
Tickets, in all solicitations and contracts
for laundry and dry cleaning services.
(1) Use the basic clause when services
are not to be provided on a bulk weight
basis.
(2) Use the alternate I clause when
services are for bag type laundry to be
provided on a bulk weight basis.
(3) Use the alternate II clause when
services are unsorted laundry to be
provided on a bulk weight basis.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Amend section 252.217–7000 by—
a. Revising the introductory text,
clause title and date; and
■ b. Revising Alternate I.
The revisions read as follows:
■
■
252.217–7000 Exercise of Option to Fulfill
Foreign Military Sales Commitments.
As prescribed in 217.208–70(a), use
one of the following clauses:
Basic. As prescribed in 217.208–
70(a)(1), use the following clause.
Exercise of Option To Fulfill Foreign
Military Sales Commitments—Basic
(Date)
*
*
*
*
*
Alternate I. As prescribed in 217.208–
70(a)(2), use the following clause, which
uses a different paragraph (b) than
paragraph (b) of the basic clause.
Exercise of Option To Fulfill Foreign
Military Sales Commitments—Alternate
I (Date)
(a) The Government may exercise the
option(s) of this contract to fulfill foreign
military sales commitments.
(b) On the date the option is exercised, the
Government shall identify the foreign
country for the purpose of negotiating any
equitable adjustment attributable to foreign
military sales. Failure to agree on an
equitable adjustment shall be treated as a
dispute under the Disputes clause of this
contract.
(End of clause)
■ 7. Amend section 252.234–7003 by—
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30537
a. Revising the introductory text,
clause title and date; and
■ b. Revising Alternate I.
The revisions read as follows:
■
252.234–7003 Notice of Cost and Software
Data Reporting System
As prescribed in 234.7101(a) use one
of the following provisions:
Basic. As prescribed in 234.7101(a)(1),
use the following provision.
Notice of Cost and Software Data
Reporting System—Basic (Date)
*
*
*
*
*
Alternate I. As prescribed in
234.7101(a)(2), use the following
provision, which uses a different
paragraph (c) than the basic provision.
Notice of Cost and Software Data
Reporting System—Alternate I (Date)
(a) This solicitation includes—
(1) The Government-approved cost and
software data reporting (CSDR) plan for the
contract, DD Form 2794; and
(2) The related Resource Distribution
Table.
(b) As part of its proposal, the offeror
shall—
(1) Describe the process to be used to
satisfy the requirements of the DoD 5000.04–
M–1, CSDR Manual, and the Governmentapproved CSDR plan for the proposed
contract;
(2) Demonstrate how contractor cost and
data reporting (CCDR) will be based, to the
maximum extent possible, upon actual cost
transactions and not cost allocations;
(3) Demonstrate how the data from its
accounting system will be mapped into the
standard reporting categories required in the
CCDR data item descriptions;
(4) Describe how recurring and
nonrecurring costs will be segregated;
(5) Provide comments on the adequacy of
the CSDR contract plan and related Resource
Distribution Table; and
(6) Submit the DD Form 1921, Cost Data
Summary Report, and DD Form 1921–1,
Functional Cost-Hour Report, with its pricing
proposal.
(c) CSDR reporting will be required for
subcontractors for selected subcontracts
identified in the CSDR contract plan as
requiring such reporting. The offeror shall
identify, by providing comments on the
Resource Distribution Table, the
subcontractors, or, if the subcontractors have
not been selected, the subcontracted effort.
(End of provision)
■ 8. Amend section 252.234–7004 by—
■ a. Revising the introductory text,
clause title and date; and
■ b. Revising Alternate I.
The revisions read as follows:
252.234–7004 Cost and Software Data
Reporting System
As prescribed in 234.7101(b), use one
of the following clauses:
Basic. As prescribed at 234.7101(b)(1),
use the following clause.
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Cost and Software Data Reporting
System—Basic (Date)
provision, which uses a different
paragraph (d) than the basic provision.
*
Award to Single Offeror—Alternate I
(Date)
*
*
*
*
Alternate I. As prescribed in
234.7101(b)(2), use the following clause,
which uses a different paragraph (b)
than the basic clause.
Cost and Software Data Reporting
System—Alternate I (Date)
(a) In the performance of this contract, the
Contractor shall use—
(1) A documented standard cost and
software data reporting (CSDR) process that
satisfies the guidelines contained in the DoD
5000.04–M–1, CSDR Manual;
(2) Management procedures that provide
for generation of timely and reliable
information for the contractor cost data
reports (CCDRs) and software resources data
reports (SRDRs) required by the CCDR and
SRDR data items of this contract; and
(3) The Government-approved CSDR plan
for this contract, DD Form 2794, and the
related Resource Distribution Table as the
basis for reporting in accordance with the
required CSDR data item descriptions (DIDs).
(b) The Contractor shall require CSDR
reporting from selected subcontractors
identified in the CSDR contract plan as
requiring such reporting. If the Contractor
changes subcontractors or makes new awards
for selected subcontract effort, the Contractor
shall notify the Government.
(End of clause)
■ 9. Amend section 252.237–7002 by—
■ a. Revising the introductory text,
provision title and date; and
■ b. Revising Alternate I.
The revisions read as follows:
252.237–7002
Award to Single Offeror.
As prescribed in 237.7003(a), use one
of the following provisions:
Basic. As prescribed in 237.7003(a)(1),
use the following provision.
Award to Single Offeror—Basic (Date)
*
*
*
*
Alternate I. As prescribed in
237.7003(a)(2), use the following
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*
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(a) Award shall be made to a single offeror.
(b) Offerors shall include unit prices for
each item. Failure to include unit prices for
each item will be cause for rejection of the
entire offer.
(c) The Government will evaluate offers on
the basis of the estimated quantities shown.
(d) Award will be made to that responsive,
responsible offeror whose total aggregate
offer is in the best interest of the
Government.
(End of provision)
■ 10. Amend section 252.237–7016 by—
■ a. Revising the introductory text,
provision title and date; and
■ b. Revising Alternate I and Alternate
II.
The revisions read as follows:
252.237–7016
Delivery Tickets.
As prescribed in 237.7101(e), use one
of the following clauses:
Basic. As prescribed in 237.7101(e)(1),
use the following clause.
Delivery Tickets—Basic (Date)
*
*
*
*
*
Alternate I. As prescribed in
237.7101(e)(2), use the following clause,
which includes paragraphs (c), (d), and
(e) not included in the basic clause.
Delivery Tickets—Alternate I (Date)
(a) The Contractor shall complete delivery
tickets in the number of copies required and
in the form approved by the Contracting
Officer, when it receives the articles to be
serviced.
(b) The Contractor shall include one copy
of each delivery ticket with its invoice for
payment.
(c) Before the Contractor picks up articles
for service under this contract, the
Contracting Officer will ensure that—
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(1) Each bag contains only articles within
a single bag type as specified in the schedule;
and
(2) Each bag is weighed and the weight and
bag type are identified on the bag.
(d) The Contractor shall, at time of
pickup—
(1) Verify the weight and bag type and
record them on the delivery ticket; and
(2) Provide the Contracting Officer, or
representative, a copy of the delivery ticket.
(e) At the time of delivery, the Contractor
shall record the weight and bag type of
serviced laundry on the delivery ticket. The
Contracting Officer will ensure that this
weight and bag type are verified at time of
delivery.
(End of clause)
Alternate II. As prescribed in
237.7101(e)(3), use the following clause,
which includes paragraphs (c), (d), and
(e) not included in the basic clause.
Delivery Tickets—Alternate II (Date)
(a) The Contractor shall complete delivery
tickets in the number of copies required and
in the form approved by the Contracting
Officer, when it receives the articles to be
serviced.
(b) The Contractor shall include one copy
of each delivery ticket with its invoice for
payment.
(c) Before the Contractor picks up articles
for service under this contract, the
Contracting Officer will ensure that each bag
is weighed and that the weight is identified
on the bag.
(d) The Contractor, at time of pickup, shall
verify and record the weight on the delivery
ticket and shall provide the Contracting
Officer, or representative, a copy of the
delivery ticket.
(e) At the time of delivery, the Contractor
shall record the weight of serviced laundry
on the delivery ticket. The Contracting
Officer will ensure that this weight is verified
at time of delivery.
(End of clause)
[FR Doc. 2014–12134 Filed 5–27–14; 8:45 am]
BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Proposed Rules]
[Pages 30535-30538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12134]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 217, 234, 237, and 252
RIN 0750-AI27
Defense Federal Acquisition Regulation Supplement: Clauses With
Alternates--Special Contracting Methods, Major System Acquisition, and
Service Contracting (DFARS Case 2014-D004)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to revise and update clauses and their
prescriptions for special contracting methods, major system
acquisition, and service contracting to create basic and alternate
clauses structured in a manner to facilitate use of automated contract
writing systems. The rule also includes the full text of each
alternate, rather than only showing the paragraphs that differ from the
basic clause.
DATES: Comment Date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before July 28, 2014, to be
considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2014-D004, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2014-D004''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2014-D004.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2014-D004'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2014-D004 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Janetta Brewer, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6104.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is undertaking a revision of provisions and clauses with
alternates and the associated prescriptions, in order to clarify usage
and facilitate the use of automated contract writing systems. These
proposed changes do not affect the meaning or applicability of the
provisions or clauses.
II. Discussion
This proposed rule addresses DFARS parts 217, 234, and 237 clauses
that have alternates. The affected clauses are--
252.217-7000, Exercise of Option to Fulfill Foreign
Military Sales Commitments, with one alternate;
252.234-7003 Notice of Cost and Software Data Reporting
System, with one alternate;
252.234-7004 Cost and Software Data Reporting System, with
one alternate;
252.237-7002 Award to Single Offeror, with one alternate;
and
252.237-7016 Delivery Tickets, with two alternates.
The naming convention results in proposed new clause titles, e.g.,
Exercise of Option to Fulfill Foreign Military Sales Commitments--
Basic, and Exercise of Option to Fulfill Foreign Military Sales
Commitments--Alternate I.
An umbrella prescription is proposed to be added for the elements
common to
[[Page 30536]]
the basic clause and alternate. The specific prescription for the basic
clause and alternate would then address only the requirements for their
use that enable the selection of the basic or the alternate. The
planned changes will increase the clarity and ease of use but will not
revise the applicability of the clause or provision in any way. The
presentation of the text of alternates would no longer consist solely
of paragraphs that are different from the basic clause, but would
instead include the entire full text of the alternate clause. Further,
this proposed rule would also revise the applicable clause preface,
i.e., the language in part 252 that precedes a provision, clause, or
alternate. The clause preface language is being tailored to identify
the specific clause prescription reference for each basic and alternate
clause and to delineate how the basic and alternate clauses differ.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because it merely revises the prescriptions for solicitation provisions
and clauses with alternates, and includes the full text of each
provision or clause for each alternate. However, an initial regulatory
flexibility analysis has been performed and is summarized as follows:
The purpose of this case is to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to create unique
prescriptions for the basic version and each alternate of DFARS parts
217, 234, and 237 solicitations provisions and clauses, and to include
the full text of each clause alternate.
The use of automated contract writing systems will be facilitated
by having unique prescriptions for the basic version and each alternate
of DFARS solicitations provisions and clauses. The current convention
requires the prescription for the basic provision or clause to address
all the possibilities covered by the alternates, and then the
prescription for each alternate addresses only what is different for
the use of that particular alternate. This rule will revise the
prescriptions so that the basic solicitation provision or clause and
each alternate is unique and stands on its own. The prescriptions will
not be revised in any way to change when they are applicable to
offerors, contractors, or subcontractors.
Additionally, the inclusion of the full text of each provision or
clause alternate aims to make the terms of a provision or clause
alternate clearer to offerors, as well as to DoD contracting officers.
Instead of the current convention for alternates to show only
paragraphs changed from the basic version of the provision or clause,
this rule proposes to include the full text of each version of the
clause. This will assist in making the terms of the clause clearer,
because all paragraph substitutions will have already been made.
Inapplicable paragraphs from the basic version of the clause that are
superseded by the alternate are not included in the solicitation or
contract to prevent confusion.
Potential offerors, including small businesses, may be affected by
this rule by seeing an unfamiliar format for clause alternates in
solicitations and contracts issued by DoD contracting activities.
According to the Federal Procurement Data System, in fiscal year 2012,
DoD made approximately 270,000 contract awards (not including
modification and orders) that exceeded the micro-purchase threshold, of
which approximately 180,000 (67%) were awarded to small businesses. It
is unknown how many of these contracts were awarded that included an
alternate to a DFARS provision or clause. Nothing substantive will
change in solicitations or contracts for potential offerors, and only
the appearance of how clause alternates are presented in the
solicitations and contracts will be changed. This rule may result in
potential offerors, including small businesses, expending more time to
become familiar with and to understand the new format of the clause
alternates in full text contained in contracts issued by any DoD
contracting activity. The rule also anticipates saving contractors time
by making all paragraph substitutions from the basic version of the
clause, and not requiring the contractors to read inapplicable
paragraphs contained in the basic version of the clause where
alternates are also included in the solicitations and contracts. The
overall burden caused by this rule is expected to be negligible and
will not be any greater on small businesses than it is on large
businesses.
This rule does not add any new information collection requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. No alternatives were identified that will accomplish the
objectives of the rule.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2014-D004), in
correspondence.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 217, 234, 237, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 217, 234, 237, and 252 are proposed to be
amended as follows:
0
1. The authority citation for parts 217, 234, 237, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 217--SPECIAL CONTRACTING METHODS
0
2. In section 217.208-70, revise paragraph (a) to read as follows:
217.208-70 Additional clauses.
(a) Use the basic or the alternate of the clause at 252.217-7000,
Exercise of Option to Fulfill Foreign Military Sales Commitments, in
solicitations and contracts when an option may be used for Foreign
Military Sales requirements. Do not use the basic or the alternate of
this clause in contracts for establishment or replenishment of DoD
[[Page 30537]]
inventories or stocks, or acquisitions made under DoD cooperative
logistics support arrangements.
(1) Use the basic clause when the Foreign Military Sales country is
known at the time of solicitation or award.
(2) Use the alternate I clause when the foreign military sale
country is not known at the time of solicitation or award.
* * * * *
PART 234--MAJOR SYSTEM ACQUISITION
0
3. Revise section 234.7101 to read as follows:
234.7101 Solicitation provision and contract clause.
(a) Use the basic or the alternate of the provision at 252.234-
7003, Notice of Cost and Software Data Reporting System, in any
solicitation that includes the basic or the alternate of the clause at
252.234-7004, Cost and Software Data Reporting.
(1) Use the basic provision when the solicitation includes the
clause at 252.234-7004, Cost and Software Data Reporting--Basic.
(2) Use the alternate I provision when the solicitation includes
the clause at 252.234-7004, Cost and Software Data Reporting--Alternate
I.
(b) Use the basic or the alternate of the clause at 252.234-7004,
Cost and Software Data Reporting System, in solicitations that include
major defense acquisition programs or major automated information
system programs as follows:
(1) Use the basic clause in solicitations and contracts for major
defense acquisition programs or major automated information system
programs that exceed $50 million.
(2) Use the alternate I clause in solicitations and contracts for
major defense acquisition programs or major automated information
system programs with a value equal to or greater than $20 million but
less than or equal to $50 million, when so directed by the program
manager with the approval of the OSD Deputy Director, Cost Assessment.
PART 237--SERVICE CONTRACTING
0
4. In section 237.7003, revise paragraph (a) to read as follows:
237.7003 Solicitation provisions and contract clauses.
(a) Use the basic or the alternate of the provision at 252.237-
7002, Award to Single Offeror, in solicitations and contracts for
mortuary services.
(1) Use the basic provision in all sealed bid solicitations for
mortuary services.
(2) Use the alternate I provision in all negotiated solicitations
for mortuary services.
* * * * *
0
5. In section 237.7101, revise paragraph (e) to read as follows:
237.7101 Solicitation provisions and contract clauses.
* * * * *
(e) Use the basic or an alternate of the clause at 252.237-7016,
Delivery Tickets, in all solicitations and contracts for laundry and
dry cleaning services.
(1) Use the basic clause when services are not to be provided on a
bulk weight basis.
(2) Use the alternate I clause when services are for bag type
laundry to be provided on a bulk weight basis.
(3) Use the alternate II clause when services are unsorted laundry
to be provided on a bulk weight basis.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Amend section 252.217-7000 by--
0
a. Revising the introductory text, clause title and date; and
0
b. Revising Alternate I.
The revisions read as follows:
252.217-7000 Exercise of Option to Fulfill Foreign Military Sales
Commitments.
As prescribed in 217.208-70(a), use one of the following clauses:
Basic. As prescribed in 217.208-70(a)(1), use the following clause.
Exercise of Option To Fulfill Foreign Military Sales Commitments--Basic
(Date)
* * * * *
Alternate I. As prescribed in 217.208-70(a)(2), use the following
clause, which uses a different paragraph (b) than paragraph (b) of the
basic clause.
Exercise of Option To Fulfill Foreign Military Sales Commitments--
Alternate I (Date)
(a) The Government may exercise the option(s) of this contract
to fulfill foreign military sales commitments.
(b) On the date the option is exercised, the Government shall
identify the foreign country for the purpose of negotiating any
equitable adjustment attributable to foreign military sales. Failure
to agree on an equitable adjustment shall be treated as a dispute
under the Disputes clause of this contract.
(End of clause)
0
7. Amend section 252.234-7003 by--
0
a. Revising the introductory text, clause title and date; and
0
b. Revising Alternate I.
The revisions read as follows:
252.234-7003 Notice of Cost and Software Data Reporting System
As prescribed in 234.7101(a) use one of the following provisions:
Basic. As prescribed in 234.7101(a)(1), use the following
provision.
Notice of Cost and Software Data Reporting System--Basic (Date)
* * * * *
Alternate I. As prescribed in 234.7101(a)(2), use the following
provision, which uses a different paragraph (c) than the basic
provision.
Notice of Cost and Software Data Reporting System--Alternate I (Date)
(a) This solicitation includes--
(1) The Government-approved cost and software data reporting
(CSDR) plan for the contract, DD Form 2794; and
(2) The related Resource Distribution Table.
(b) As part of its proposal, the offeror shall--
(1) Describe the process to be used to satisfy the requirements
of the DoD 5000.04-M-1, CSDR Manual, and the Government-approved
CSDR plan for the proposed contract;
(2) Demonstrate how contractor cost and data reporting (CCDR)
will be based, to the maximum extent possible, upon actual cost
transactions and not cost allocations;
(3) Demonstrate how the data from its accounting system will be
mapped into the standard reporting categories required in the CCDR
data item descriptions;
(4) Describe how recurring and nonrecurring costs will be
segregated;
(5) Provide comments on the adequacy of the CSDR contract plan
and related Resource Distribution Table; and
(6) Submit the DD Form 1921, Cost Data Summary Report, and DD
Form 1921-1, Functional Cost-Hour Report, with its pricing proposal.
(c) CSDR reporting will be required for subcontractors for
selected subcontracts identified in the CSDR contract plan as
requiring such reporting. The offeror shall identify, by providing
comments on the Resource Distribution Table, the subcontractors, or,
if the subcontractors have not been selected, the subcontracted
effort.
(End of provision)
0
8. Amend section 252.234-7004 by--
0
a. Revising the introductory text, clause title and date; and
0
b. Revising Alternate I.
The revisions read as follows:
252.234-7004 Cost and Software Data Reporting System
As prescribed in 234.7101(b), use one of the following clauses:
Basic. As prescribed at 234.7101(b)(1), use the following clause.
[[Page 30538]]
Cost and Software Data Reporting System--Basic (Date)
* * * * *
Alternate I. As prescribed in 234.7101(b)(2), use the following
clause, which uses a different paragraph (b) than the basic clause.
Cost and Software Data Reporting System--Alternate I (Date)
(a) In the performance of this contract, the Contractor shall
use--
(1) A documented standard cost and software data reporting
(CSDR) process that satisfies the guidelines contained in the DoD
5000.04-M-1, CSDR Manual;
(2) Management procedures that provide for generation of timely
and reliable information for the contractor cost data reports
(CCDRs) and software resources data reports (SRDRs) required by the
CCDR and SRDR data items of this contract; and
(3) The Government-approved CSDR plan for this contract, DD Form
2794, and the related Resource Distribution Table as the basis for
reporting in accordance with the required CSDR data item
descriptions (DIDs).
(b) The Contractor shall require CSDR reporting from selected
subcontractors identified in the CSDR contract plan as requiring
such reporting. If the Contractor changes subcontractors or makes
new awards for selected subcontract effort, the Contractor shall
notify the Government.
(End of clause)
0
9. Amend section 252.237-7002 by--
0
a. Revising the introductory text, provision title and date; and
0
b. Revising Alternate I.
The revisions read as follows:
252.237-7002 Award to Single Offeror.
As prescribed in 237.7003(a), use one of the following provisions:
Basic. As prescribed in 237.7003(a)(1), use the following
provision.
Award to Single Offeror--Basic (Date)
* * * * *
Alternate I. As prescribed in 237.7003(a)(2), use the following
provision, which uses a different paragraph (d) than the basic
provision.
Award to Single Offeror--Alternate I (Date)
(a) Award shall be made to a single offeror.
(b) Offerors shall include unit prices for each item. Failure to
include unit prices for each item will be cause for rejection of the
entire offer.
(c) The Government will evaluate offers on the basis of the
estimated quantities shown.
(d) Award will be made to that responsive, responsible offeror
whose total aggregate offer is in the best interest of the
Government.
(End of provision)
0
10. Amend section 252.237-7016 by--
0
a. Revising the introductory text, provision title and date; and
0
b. Revising Alternate I and Alternate II.
The revisions read as follows:
252.237-7016 Delivery Tickets.
As prescribed in 237.7101(e), use one of the following clauses:
Basic. As prescribed in 237.7101(e)(1), use the following clause.
Delivery Tickets--Basic (Date)
* * * * *
Alternate I. As prescribed in 237.7101(e)(2), use the following
clause, which includes paragraphs (c), (d), and (e) not included in the
basic clause.
Delivery Tickets--Alternate I (Date)
(a) The Contractor shall complete delivery tickets in the number
of copies required and in the form approved by the Contracting
Officer, when it receives the articles to be serviced.
(b) The Contractor shall include one copy of each delivery
ticket with its invoice for payment.
(c) Before the Contractor picks up articles for service under
this contract, the Contracting Officer will ensure that--
(1) Each bag contains only articles within a single bag type as
specified in the schedule; and
(2) Each bag is weighed and the weight and bag type are
identified on the bag.
(d) The Contractor shall, at time of pickup--
(1) Verify the weight and bag type and record them on the
delivery ticket; and
(2) Provide the Contracting Officer, or representative, a copy
of the delivery ticket.
(e) At the time of delivery, the Contractor shall record the
weight and bag type of serviced laundry on the delivery ticket. The
Contracting Officer will ensure that this weight and bag type are
verified at time of delivery.
(End of clause)
Alternate II. As prescribed in 237.7101(e)(3), use the following
clause, which includes paragraphs (c), (d), and (e) not included in the
basic clause.
Delivery Tickets--Alternate II (Date)
(a) The Contractor shall complete delivery tickets in the number
of copies required and in the form approved by the Contracting
Officer, when it receives the articles to be serviced.
(b) The Contractor shall include one copy of each delivery
ticket with its invoice for payment.
(c) Before the Contractor picks up articles for service under
this contract, the Contracting Officer will ensure that each bag is
weighed and that the weight is identified on the bag.
(d) The Contractor, at time of pickup, shall verify and record
the weight on the delivery ticket and shall provide the Contracting
Officer, or representative, a copy of the delivery ticket.
(e) At the time of delivery, the Contractor shall record the
weight of serviced laundry on the delivery ticket. The Contracting
Officer will ensure that this weight is verified at time of
delivery.
(End of clause)
[FR Doc. 2014-12134 Filed 5-27-14; 8:45 am]
BILLING CODE 5001-06-P
